bck9432 Posted September 27, 2017 Report Share Posted September 27, 2017 I'm being sued by Calvary SPV in Indiana. I received the summons today on my door and have 20 days to respond. The complaint states that the plaintiff owns an account due by me and the assignee was synchrony bank and the amount is 4000.00.They have attached only 1 exhibit which is an affidavit of debt signed by a designated agent of Calvary SPV stating they are familiar with the record keeping practices if the plaintiff, that Calgary is not the original owner of the debt. It states the amount owed as of a certain date with the last 4 numbers of an account number. It states the date the alleged account was opened and the date the last payment was supposedly received on 10/9/16. The affidavit is not notarized and there is nothing else attached to the summons. Can someone please help me? Should there be other information attached? How should I answer and what affirmative defenses should I use? Quote Link to comment Share on other sites More sharing options...
Goody_Ouchless Posted September 27, 2017 Report Share Posted September 27, 2017 You need to pursue Arbitration. There are other threads about this, and others will offer advice. You will lose in court otherwise. Quote Link to comment Share on other sites More sharing options...
bck9432 Posted September 27, 2017 Author Report Share Posted September 27, 2017 1 hour ago, Goody_Ouchless said: You need to pursue Arbitration. There are other threads about this, and others will offer advice. You will lose in court otherwise. Why do you say that I would lose in court? Quote Link to comment Share on other sites More sharing options...
bck9432 Posted September 27, 2017 Author Report Share Posted September 27, 2017 1 hour ago, Goody_Ouchless said: You need to pursue Arbitration. There are other threads about this, and others will offer advice. You will lose in court otherwise. Do I need the cardholder agreement to request arbitration? I'm not sure how to find it. Do I look under synchrony or Hhgregg? Quote Link to comment Share on other sites More sharing options...
bck9432 Posted September 28, 2017 Author Report Share Posted September 28, 2017 I found a synchrony hhgregg card holder agreement from 6/2017 from consumer financial protection bureau. It says synchrony retail cars but not hhgregg. It does list an arbitration clause. Do I need to find one from when I opened the account or from when the last payment was stated to have been made? Can I file the motion to compel arbitration in the answer to the summons? Quote Link to comment Share on other sites More sharing options...
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